Senator Abbo’s Attempt To Nullify N50m Damages For Assault In Sex Toy Shop Fails

Senator Elisha Ishaku Abbo has failed in his attempt to overturn the N50 million damages that were imposed on him by a Federal Capital Territory (FCT) High Court.

The damages had been awarded against him for the alleged assault of Ms Osimibibra Warmate at a sex toy shop in Abuja in 2019.

In Abuja, a panel of three members from an appellate court, with Justice Jamilu Tukur at the helm, has rejected the appeal presented by Senator Elisha Ishaku Abbo. This appeal was lodged against a judgment delivered on September 29, 2020, by Justice Samira Bature in relation to a fundamental rights enforcement suit brought by Ms. Osimibibra Warmate.

The court affirmed the judgment of the High Court and held that Justice Bature was right in upholding Ms. Warmate’s case and awarding N50m in damages against the Senator.

Senator Abbo’s argument that the suit was not properly commenced at the trial court and that he was denied a fair hearing, was struck out.

Abbo’s argument of him slapping Warmate, pulling her hair, and dragging her out of the shop not amounting to a rights violation but a case of simple assault, was also struck out.

The appellate court which held that Abbo’s conduct was “sufficiently outrageous,” resolved all five issues identified for determination against the Senator and further awarded N500,000 cost against him and in favour of Ms. Warmate.

They noted that Ms Warmate sufficiently proved that Senator Abbo violated her fundamental right to human dignity. They also said that going by the quality of evidence presented by Ms Warmate, including a medical report and video recordings of the incident, the decision of the trial court could not be tampered with.

Justice Senchi, added: “The decision of the trial court in the award of N50m against the appellant and in favour of the respondent was proper. The conduct of the appellant is sufficiently outrageous to merit the punishment as the facts of the case disclosed flagrant disobedience of the law, especially that the appellant is an elected Senator of the Federal Republic of Nigeria.”

Sen. Abbo’s appeal was against the September 28 judgment by Justice Samira Bature of the High Court of the FCT, in the fundamental rights enforcement suit, marked: FCT/HC/CV/2393/2019 filed by Ms Warmate.

Justice Bature had, among others, held that Sen. Abbo’s violent attack on Ms. Warmate on May 11, 2019, in a sex toy shop at New Bannex Plaza, Wuse 2, Abuja amounted to inhuman and degrading treatment, which constituted a breach of her fundamental right to the dignity of her person guaranteed under Section 34 of the Constitution.